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Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Jack Chambers: In terms of the number of Magdalen survivors and issues with capacity, the Ombudsman mentioned those who have been permanently excluded. Some applicants have obviously passed away due to the administrative reluctance of the Department. It is a shocking development in the context of this redress scheme that they were frustrated by an administrative reluctance to given them redress in the...

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Jack Chambers: Following on from what Deputy Daly has said, it would be helpful if we could explore some of the issues which Mr. Tyndall and his colleagues have outlined-----

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Jack Chambers: Last week, during the scrutiny of some legislation, a committee had two separate parties with separate viewpoints before it. I know that other committees have a similar approach. Is that possible today?

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Jack Chambers: I thank the officials for coming before us. My first question relates to something I asked Mr. Tyndall. There were 19 Magdalen survivors with disabilities who could not be paid compensation. There was an issue of capacity on one of the recommendations and an issue with the assisted decision-making legislation that was enacted. Today, the Department has said there are 17 women in this...

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Jack Chambers: Sorry?

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Jack Chambers: So the delay has resulted in their permanent exclusion as per what the Ombudsman said. Is that correct?

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Jack Chambers: The other thing I wanted to ask about was the third recommendation and the delay that has occurred. Was it the Department's intention just to wait infinitely for this legislation to be enacted? What was the proactive background work from the Department when it became aware there were numbers of women who did not have the capacity? Obviously, when capacity is constrained, that has an impact...

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Jack Chambers: When was the first ward of court payment made?

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Jack Chambers: No, I refer to those women the Department understood did not have the capacity and would have had to be made wards of court. Were any applications progressed fully under that?

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Jack Chambers: What has caused the delay?

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Jack Chambers: Does the witness expect it to happen this year?

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Jack Chambers: One side of the Department of Justice and Equality says that this would be extremely ambitious and another is saying that it is relying on the progression of a particular part for which the Department has overall responsibility. Who in the Department is driving this? Who is making this a priority? One side of the Department was hoping that the enactment would occur quickly in 2015 and...

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Jack Chambers: The Government has announced that the UN convention will be ratified in March. Is the witness saying that it cannot be ratified if it is going to be delayed to 2019?

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Jack Chambers: The witness is saying that the Act cannot be implemented this year.

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Jack Chambers: Will it be compliant with what it is ratifying this year?

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Jack Chambers: The witness is saying that it requires this to be-----

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Jack Chambers: Ireland will ratify something with which it will not be compliant.

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Jack Chambers: The Government announced this week that it would be ratified in March. Is the witness saying that it is going to ratify something that it is not compliant with?

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Jack Chambers: The witness also mentioned compliance with the UN convention as a reason for not using the wards of court process in his statement. He is using a future policy change as a reason for not progressing applications from a number of women who are entitled to payment under this scheme. He mentioned that the UN convention was a reason for not progressing the payment. He is now saying that we...

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Jack Chambers: The witness mentioned the UN convention as a reason for denying the women-----

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